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HomeMy WebLinkAboutContracts & Agreements_57-2008_CCv0001.pdf MEMO, 11001, 11 Recorded In MOM Records, County of San Bernardino LARRY WALKER oe 4:02 P a:o2 wt 0 ,It " Auditor/Controller — Recorder MP NEW RECORDING REQUESTED BY IN 00 AND WHEN RECORDED MAIL TO: R Regular Mail CITY CLERK Doc#: 2008—0182$$9 Titles: 1 Pages: 7 CITY OF REDLANDS Fees 9.90 P.O. BOX 3005 Taxes e.ee REDLANDS, CA 92373 Other e.ee PAID $e.00 EFFS PER GOVERNMENT CODE SPACE ABOVE THIS LINF,FOR RECORDER'S USE SECTION 6103 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number 0298-052-09 THIS AGREEMENT is made and entered into this 21stday of Ap February 14, 1997 {"Owner"), ril 20 , by and between Ronald Roy A. Sinus and I orrie L. Sinus, Trustees of the Sinus Tnlst�DatOed and the City of Redlands, a municipal corporation Ci Owner and the City are sometimes each individually referred to herein as a("p ���� The collectively, as the"Parties.11 arty' and, RECITALS WHEREAS, the Owner owns real property ("Pro rtyl ) in the City in Exhibits A and B o�° by which are attached hereto and incorporated here n this reference;specifically described y trence; and WHEREAS, at the time of approval of the Owner's development project commonly known as Wabash Business Park, Northeast Corner of Wabash Avenue and Nice Avenue and filed as CRA 837 (the "Project"), the City required the Project to employ on-site control measures to minimize pollutants in urban stormwater runoff, and WHEREAS, the Owner has chosen to install media filter, detention basin, and bioswale (the "Devices")to minimize pollutants in urban stormwater runoff, and WHEREAS, the Devices have been installed in accordance with plans and specifications approved by the City; and WHEREAS, the Devices being installed on private property and draining only rivate sole property, are private facilities with all maintenance or replacement therefor beinhe responsibility of the Owner; and g t WHEREAS, the Owner is aware that periodic and continuous maintenance including, but not necessarily limited to, filter material replacement and sediment removal is required to assure proper performance of the Devices and that such maintenance activity will require con liance with all Federal, State and local laws and rep to space and waste disposal methods in effect at the regulations, ersuch including nane occurs;ose pertainmg coined City of Redands Agreement Version January 2oo7 NOW, THEREFORE, in consideration of the City's approval of the Project and the mutual promises contained herein, the City of Redlands and [Entity Legal Name of Owning Entity] agree as follows. AGREEMENT 1. The Owner hereby provides the City and its designees with full right of access to the Devices and the Owner's Property in the immediate vicinity of the Devices (a) at any time, upon reasonable notice; or (b) in the event of emergency, as determined by City's Public Works Director with no advance notice; for the purpose of inspecting, sampling and testing of the Devices, and in cases of emergency, to undertake all necessary repairs or other preventative measures at the Owner's expense as provided for in Section 3, below. The City shall make every effort at all times to minimize or avoid interference with the Owner's use of the Property when undertaking such inspections and repairs. 2. The Owner shall diligently maintain the Devices in a manner consistent with the manufacturers' recommended maintenance schedule to ensure efficient performance. All reasonable precautions shall be exercised by the Owner and the Owner's representatives in the removal and extraction of materials from the Devices, and the ultimate disposal of the materials in a manner consistent with all applicable laws. As may be requested from time to time by the City, the Owner shall provide the City with documentation identifying the materials removed, the quantity and the location of disposal destinations, as appropriate. 3. In the event the Owner fails to perform the necessary maintenance required by this Agreement within thirty (30) days of being given written notice by the City to do so, setting forth with specificity the action to be taken, the City is authorized to cause any maintenance necessary to be done and charge the entire cost and expense to the Owner, including administrative costs, attorneys' fees and interest thereon at the maximum rate authorized by law, twenty (20) days after the Owner's receipt of the notice of expense until paid in full. 4. This Agreement affects County of San Bernardino Assessor's Parcel Nos. 0298-052-09, and shall be recorded in the Official Records of the County of San Bernardino at the expense of the Owner and shall constitute notice to all successors and assigns to the title to the Property of the obligations herein set forth. This Agreement shall also constitute a lien against the Property in such amount as will fully reimburse the City, including interest as herein above set forth, subject to foreclosure in event of default in payment. 5. In event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party. 6. It is the intent of the Parties that the burdens and benefits herein undertaken shall constitute equitable servitudes that run with the Property and shall be binding upon future owners of all or any portion of the Property. Any owner's liability hereunder shall City of Redlands Agreement Version January 2007 terminate at the time it ceases to be an owner of the encumbered Property, except for obligations which accrue prior to the date of transfer by such owner, which shall remain the personal obligation of such owner. 7. Time is of the essence in the performance of this Agreement. 8. Any notice to a Party required or called for in this Agreement shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to the address set forth below. Notice(s) shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U.S. Mail, whichever is earlier. A Party may change notice address only by providing written notice thereof to the other Party. CITY OWNER Trustees of the Simus Trust Public Works Director Ronald Roy A. Simus and Lorrie L. Simus City of Redlands 8161 Caminito Santa Luz Sur P.O. Box 3005 San Diego, CA 92127 Redlands, CA 92373 9. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 10. Any amendment to this Agreement shall be in writing and approved by the City Council of City and signed by the City and the Owner. IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above. CITY OF REDLANDS: OWNER: Trustees of the Simus Trust e J ionKarrison, Mayor Ron Simus, Owner IV ti Attest: A, 0 V Lorrie L. Simus, Owner Poyze ity lerk City Of Redlands Agreement Version January 2007 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted under Chapter 4. Article 3Sect - , ion 1181, of the California Civil Code. and Chapter 2, Division 3, Section 40814, of the California Government Code, on April 21, 2008, before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Jon Harrison. Mayor and Lorrie Poyzer, City Clerk who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i-s/are subscribed to the within instrument and acknowledged to me that he'she they executed the same in hiqlhev their authorized capacity(ies) and that by his,-hen henthelir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. \\\\\\\\I I 111 W111111Z/1 WITNESS my hand and official seal. LORRIE POYZER, CITY CLERK % RP (P .......... By: 14/FOIRt�\ K Q Teresa Ballinger, Assistant City Berk (909)798-7531 -------------------------------------—-----------—-------—--—---- CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneselUthemselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust X Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, a municipal corporation THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Stormwater Treatment Device and Control MlensureAccess and Maintenance Agreement;APN 0298-052-09 Date of Document: April 21, 2008 Signer(s) Other Than Named Above: Simus Trust Dated February 14, 1997� by: Ronald Roy A. Si Lorrie L. Simus, Trustees mus and . CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT EDGMENT , Mate of California Counq of F On � before me, SSW NatZ,- �'t�°th&_ (Flere insert name and title of the officer) personally appeared RS 148 who proved to me on the basis of satisfactory evidence to be the perswhose nar66>issubscribed to the within instrument and acknowledged to me that he/she e executed the same in his/her/ _)s authorized p ca aclt� and that by his/her/ eir ignatur "s n the instrument the pers or the entity upon behalf of d I which the pees s cted, executed the instrument. 1 ; I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. FITNESS my hand and official seal. � ` a ^�a } t , 'J �Jic tAt Pia€ Ckc r2 (o Sig nature ofNotan� {Notary Seal} ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR.COMPLETING THIS FORM Any acknowledgment completed in cal fornia must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed anti attached to that document. The only exception is f a document is to he recorded outside of California.In such instances,any alternative 1 (Title or description of attached document) acknowledgment verbiage as may be printed or, such a document so long as the I 1 verbiage does not require the notar}%to do something that is illegal for a notar�t in _ Callrfornia (r.e. certifying the authorized capacity©f the signer). Please check the { (Title or description of attached document continued) document carefully,for proper notarial wording and attach this form aj required. Number of Pages Document Date State and County information must he the State and County where the document s — — signer(s)personally appeared before the notary public for acknowledgment. i * bate of notarization must he the date that the signer(s)personally appeared which. —•— _ must also be the same date the acknowledgment is completed. (Additional information) * The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). * Print the name(s) of document dgner(s) who personally appear at the gime of notarization. CAPACITY CLAIMED BY THE SIGNER * Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.. ! r Individual(s) ttalshe/thy-is/afe)or circling the correct f"orins.Failure to correctly indicate this ID information may lead to rejection of document recording. Corporate Officer * The notary seat impression must be clear and photographically reproducible. I --- Impression must not cover text or lints, if seal impression smudges, re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment farm. 1 1 [ 0 Partner(s) * Signature of the notan public must match the signature on file with the office of the county clerk. Attorney-in-Fact u Additional information is not required but could help to ensure: this Trttstee(s) 1' acknowledgment is not misused or attached to a different document, �1 E Other Indicate title or type of attached document,number of pages and date, 3• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the tale 0-e-CEO,C} CFO,Secretarv). ' • Securely attach this document to the signed document 2008 version CAPA 02.10.07 800-873-4865 o,­,vw.NotaryC lasses.com EXHIBIT"A" LEGAL DESCRIPTION y LOTS `I', `J', `K'AND `L'OF TRACT NO. 7076, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 91, PAGES 43 TO 44 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF THE THE OF THE ALLEYS BETWEEN LOTS "I"SOUTH 1 /2 OF FLORENCE AVENUE ADJOINING ON THE NORTH AND ALL THAT PORTION OF D THE BOARD OF SU ER I ORS, RECORDED JUNE 24,, 1964,IN BC7 AS VACATED BY ORDER OF OK 6176, PAGE 690 OFFICIAL RECORDS. ALSO THAT PORTION OF CHRYSOLITE AVENUE LYING BETWEEN LOTS"J"AND"K", PREVIOUSLY VACATED BY THE BOARD OF SUPERVISORS, WHICH WOULD PASS BY OPERATION OF LAW WITH A CONVEYANCE OF SAID PROPERTY. TOGETHER WITH THE WEST 1 /2 OF JASPER AVENUE, 80.00 FEET WIDE, LYING EASTERLY OF AND ADJACENT TO SAID LOT"I"AND ALSO ADJACENT TO THAT PORTION OF SAID SOUTH 1 /2 OF FLORENCE AVENUE, VACATED; TOGETHER WITH THE EAST ONE-HALF OF WABASH AVENUE, 80.00 FEET WIDE, LYING WESTERLY OF AND ADJACENT TO SAID LOT"L"AND ALSO ADJACENT TO THAT PORTION OF SAID SOUTH 1 /2 OF FLORENCE AVE, VACATED; TOGETHER WITH THE NORTH 1 /2 OF NICE AVENUE, 60.00 FEET WIDE LYING SOUTHERLY OF AND ADJACENT TO SAID LOTS "I", "J", AND "K"AND "L" DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF SAID NICE AVENUE AND WABASH AVENUE; THENCE NORTH 00°31'42"WEST 457.70 FEET ALONG SAID CENTER LINE OF SAID WABASH AVENUE TO THE INTERSECTION W€TH THE CENTER LINE OF SAID FLORENCE AVENUE, VACATED; THENCE SOUTH 89°25'00" EAST 767.87 FEET ALONG SAID CENTER LINE OF FLORENCE AVENUE, VACATED, TO THE INTERSECTION WITH THE CENTERLINE OF SAID JASPER AVENUE; THENCE SOUTH 00036'06"WEST 452.39 FEET ALONG SAID CENTER LINE OF JASPER AVENUE TO THE INTERSECTION WITH THE CENTER LINE OF SAID NICE AVENUE; THENCE NORTH 89°48'41"WEST 758.86 FEET ALONG SAID CENTER LINE OF NICE AVENUE TO THE INTERSECTION WITH SAID CENTER LINE OF WABASH AVENUE AND THE POINT OF BEGINNING. SAID DESCRIPTION CONTAINS 7.93 ACRES, MORE OR LESS. ALSO SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SAID DESCRIPTION AFFECTS APN 0298-052-09 AND ADJACENT STREETS. 44 h ARSON L. S OBER P.L.S. 3913 a EXPIRATION DATE: JUNE 30, 200801 Pf S NO 3_13 DATE: rap _X11 a8 TEA222 WQMP � 0 v n CC ot � nom' `V \ �t Li LU uj To' r o a r c- 4 0 1 t r, _ w TrINAAVI H F all, _r _ >